Confusion About Visa And Rules

[giulio]

so,please,help me to understand somethings about my position

i'm 7 years in thailand,before i stay in krabi zone and get in penang 1 year visa non B with my work permit and limited partnership

after tsunami go 1 year in bangkok,i close the company,make new passport because lose in tsunami and givback to office of labour my work permit

in bangkok go to immigration police and get 1 years stay visa thai wife,i,m married here with baby and show 400000bath

december 2005 back to phuket and open with my wife some small business thai 100 per cent and me can get work permit because i'm housband and father of baby

renewal 1 year visa in november 2005 show 400000 bath and marriage certificate in immigration in phuket,without work permit because i open business the months later and get work permit later the expiry of visa

now i ask to immigration what document i must to show next year for renewal again 1 years and he say to me that with only certificate marriage and father and paper about work permit,salary and income tax i cannot get my visa,but in add i must to show also 400000 bath

so,why,now i work and i have work permit with 50000 salary and almost 3000 bath per month of income salary tax,why i must to show also money in bank?i' not understand what kind of visa is THAI wife and why with this visa i can work and pay tax but for renewal visa i cannot use work permit?thanks for help and sorry my english

[lopburi3]

The extension of stay is to support Thai wife, as is stamped in your passport. For this you need to show your money. Working for your wife probably appears to immigration as suspect (it is her money - not yours). So you will have to show the normal 400k in a bank account.

You have the other option of extension of stay for work. In that case, if 50k meets the minimum requirement for your nationality for extension of stay, your monthly income/work permit should allow the extension of stay.

[giulio]

You have the other option of extension of stay for work. In that case, if 50k meets the minimum requirement for your nationality for extension of stay, your monthly income/work permit should allow the extension of stay.

i not understand this about what you say,i have another options for stay,the minimum for my country is 50000bath ,same what i have now,but immigration say to me that with this kind of activity i cannot show work permit and get visa with work permit and tax,but only if i have limited partnership or co.ltd.So in my conditions i cannot take nonB,strange,very strange

[lopburi3]

The list of extension occupations is very short so your position evidently does not meet immigration requirements for extension of stay. You can speak with a law firm if you like but it is probably not going to help as they seem to have told you want is needed and why you do not meet the requirements. You admit you have the work permit because of your wife/child rather than your job. If you are not able to keep the required 400k in an account each year you might want to consider; changing job to one that will provide extension or perhaps moving to your home country.

[rishi]

I'm not sure I quite understand your description, at least not well enough to pinpoint where the sore point is.

First: do you have a workpermit by now - or are you just expecting to get one? I'm asking because you say:

december 2005 back to phuket and open with my wife some small business thai 100 per cent and me can get work permit because i'm housband and father of baby

Generelly, you don't get a workpermit, just because you're married to a Thai - you'll have to be employed by either a limited partnership or a co., ltd, as the immigration officer says.

So, is that "small business thai 100 per cent", you opened with your wife a limited partnership or a co., ltd? - Otherwise, I can't imagine you have a workpermit, and thus don't have a legal income.

At least, this explains why the immigration officer said what he said.

[giulio]

mah,ok thanks for info

i want to say you that i can show money in bank,only i ask info because before i not understand this

second before i have my limited partnership and investe money a lot,but tsunami in phi phi destroye me anythings,also shop of 3 milion bath(and part of my family)

so,i must to rebuikld anything but slowly because nobody helpme,so is normal need time for reopen some limited partnership

if i not back to my country now is not because i cannot stay good to my home,i will return for sure,not now,but because before i invest a lot of money here and i want to return a little bit to me,i spend 7 years of my hard_work and life,and now i have also my baby is very young,and finally i stay good here and i love this country and simply and normal people living here.So,i will return to my home,but nt now,just ask info about this kind of visa and what i can do better for me about visa

thanks for info

regards,bye

I'm not sure I quite understand your description, at least not well enough to pinpoint where the sore point is.

First: do you have a workpermit by now - or are you just expecting to get one? I'm asking because you say:

december 2005 back to phuket and open with my wife some small business thai 100 per cent and me can get work permit because i'm housband and father of baby

Generelly, you don't get a workpermit, just because you're married to a Thai - you'll have to be employed by either a limited partnership or a co., ltd, as the immigration officer says.

So, is that "small business thai 100 per cent", you opened with your wife a limited partnership or a co., ltd? - Otherwise, I can't imagine you have a workpermit, and thus don't have a legal income.

At least, this explains why the immigration officer said what he said.

rishi,sorry for my english

yes i have work permit regular off course

thai shop 100 per cent of my wife,and me i can work inside without anyquota and get work permit because i'm father and husband

this is the situation,make anything in respect of law,off course,i pay income salary tax about 2500 bath per months and prakan sam kom

thanks for interesting

Edited February 24, 2006 by giulio

[rishi]

yes i have work permit regular off course

thai shop 100 per cent of my wife,and me i can work inside without anyquota and get work permit because i'm father and husband

In that case I think the mistery lies in the circumstance, that the labor office has shown a bit of human generousity - that is granted you a WP without you fully fulfill the "official" requirements. Unfortunately, the immigration seems to be a bit tougher.

[giulio]

yes i have work permit regular off course

thai shop 100 per cent of my wife,and me i can work inside without anyquota and get work permit because i'm father and husband

In that case I think the mistery lies in the circumstance, that the labor office has shown a bit of human generousity - that is granted you a WP without you fully fulfill the "official" requirements. Unfortunately, the immigration seems to be a bit tougher.

really

i'm ask with my lawyer,and he say to me this is the law of thailand,if you are married with thai wife and she open activity,you can work inside and get work permit because you are married with she and you have baby with she

so,he say anything is right

but still immigration don't take care of my tax and work permit but want to see 400000bath in bank,and not 800000 bath

mah,mystery really

thanks a lot for info and anythings

regards,bye

Edited February 24, 2006 by giulio

[rishi]

Its rather the law of Phuket, which evidently is different from the law of Bangkok, which again is different from the law of Chiang Mai. ... E.g. I live in Chiang Mai, married to a Thai running a business. No way I could get a WP without forming either a limited partnership or a co., ltd. Same rule in Bangkok. However, in Bangkok one can get the WP without employing any Thais - in Chiang Mai, you'll need to employ minium one Thai. TiT.

[scn]

I think guilio is right. I am in the process of evaluating my situation and deciding on the action to take. I have some inside contact with the labour department and they said I can get a WP based on my marriage to a Thai Citizen.

What this means is the WP is not based on the minimum capital requirements, ratio of Thai employees to foriegn employees etc etc. It is based solely on the marriage to the Thai Citizen.

There is a quirk to this though! The need the name of the company and some details like your position and title for the WP.

This is a chicken and egg paradox. Many companies dont are not willing to hire if one does not have a WP and you can't have a WP unless you have a company willing to hire you.

[samran]

Interesting post, so if my wife (non Thai) who is married to me (Thai) decides that she wants to work part time somewhere, who ever she gooes to work for is able to get a work permit with little hassle?

Am I reading this correctly?

[Siriam]

I've actually heard about a law in order to obtain a WP if you are husband of a Thai wife and father of a Thai child, and on 2001 my wife was running a restaurant so I tried to get the permit but it had been denied, it wasn't a big deal for me so I don't even try to contest this harsh decision, but I believe Giulio is right, possibly if he can prove that those 50,000 baht are actually paid each month showing a bank statement, immigration shouldn't deny the extension base on this actual profit, likely the fact that he's paying taxes are ineffective in order to get the desired extension.

Giulio, I'm sure you can show your 400k and that all this discussion is about principles and rights, so I am with you, always fight for a right crusade , and after what happened to you and your family, I am sure that the courage to go ahead it is not certainly your problem.

Good luck,

Interesting post, so if my wife (non Thai) who is married to me (Thai) decides that she wants to work part time somewhere, who ever she gooes to work for is able to get a work permit with little hassle?

Am I reading this correctly?

Theoretically your wife can get a WP but to work for you, not somewhere!

In addition I have to say that at least for your wife it is not impossible to get the Thai citizenship against the majority of foreign men married with Thai women, therefore you have this big advantage due to a pro-men country, women are considered less than 0, and they are the engine of this country.

Regards,

[dr_Pat_Pong]

It is time that you talked to someone like Sunbelt and get yourselves put on track.

[rishi]

I've actually heard about a law in order to obtain a WP if you are husband of a Thai wife .....

There actually was such a law - but only in force between May 2002 and Sep. 2004. Refer to rule 12 in this list: http://www.thaivisa.com/518.0.html

September 30., 2004 that law was replaced by a new one - still valid - posted by our sponsor a couple of times e.g. in this thread: http://www.thaivisa.com/forum/index.php?showtopic=49788

According to the current regulations, the only difference between being married to a Thai and not being married to a Thai is that the financial requirements are halfed.

[chrissie]

An additional question - my head is spinning after reading so many posts here.

Do I need a workpermit if I work for free in a shop run by my thai wife?

[lopburi3]

Any work will require a work permit.

[giulio]

I've actually heard about a law in order to obtain a WP if you are husband of a Thai wife and father of a Thai child, and on 2001 my wife was running a restaurant so I tried to get the permit but it had been denied, it wasn't a big deal for me so I don't even try to contest this harsh decision, but I believe Giulio is right, possibly if he can prove that those 50,000 baht are actually paid each month showing a bank statement, immigration shouldn't deny the extension base on this actual profit, likely the fact that he's paying taxes are ineffective in order to get the desired extension.

Giulio, I'm sure you can show your 400k and that all this discussion is about principles and rights, so I am with you, always fight for a right crusade , and after what happened to you and your family, I am sure that the courage to go ahead it is not certainly your problem.

Good luck,

thanks siriam for your thinker

not afraid about rebuilding anything,family included,yes i can show my money in bank,anything from 7 years i'm in thailand i do right,never go offlaw,i need to stay regular in anything here and i like this,for me and future of my family and new baby

so,i for visa extension make THAI WIFE VISA showing 400k each years,i show also work permit but is not necessary,only for giv to immigration a idea about me,i'm not terrorist........

now,the amphur or office employement say to me that my salary from starting 45000bath is downgrade to 35000bath because i'm also father of baby,so he cut to me some tax,

anythings is regulary and respect actual law,lawyer and office of labour make anything for me

so,i'm happy(if you are onest and god people somebody will help you always in life) and ready for restarting anything like before

thanks for all info and interesting

yes,like what answer lopburi3,for work in thailand you NEED ALWAYS a work permit,yhis is the law and i think is god anybody respect law

Edited March 5, 2006 by giulio